Revoking a Transfer on Death Deed in South Dakota

The South Dakota Real Property Transfer on Death Act (SDCL 29A-6-401 et seq) went into effect on July 1, 2014. It offers owners of real estate in South Dakota an option for distributing their land after death by recording a transfer on death deed (TODD). They retain absolute control over and use of the land during their lives. The transferors may even modify or revoke the future transfer without penalty, and there is no need to update their wills or subject the property to probate.
This revocability is one of the most useful features about transfer on death deeds (TODDs) under the new law is (29A-6-405). It states that a TODD "is revocable even if the deed or another instrument contains a contrary provision." This is possible for two main reasons:
<ul><li>there is no obligation for consideration from or notice to any named beneficiaries (29A-6-409); and </li>
<li>until the owner's death, the beneficiaries have no actual, or present, interest in the property (29A-6-414).</li></ul>

Find the rules for revoking a previously recorded TODD at 29A-6-410. Subject to 29A-6-411, there are three primary ways to revoke or change the future transfer: Execute and record<ul>
<li>a new transfer on death deed that revokes the earlier TODD;</li>
<li>an instrument of revocation that expressly revokes the deed or part of the deed; or</li>
<li>an "standard" deed, such as a warranty or quitclaim deed that expressly revokes the transfer on death deed or part of the deed.</li></ul>
Note that, just as with the original transfer on death deed, any instrument of revocation must be recorded before the transferor's death in the public records in the office of the register of deeds in the county where the deed is recorded. See 29A-6-411 for information about joint owners.

Life is uncertain, and the flexibility of TODDs helps landowners respond to changes in circumstances with relative ease. Each case is unique, so contact an attorney with specific questions or for complex situations.

(South Dakota TOD Revocation Package includes form, guidelines, and completed example)

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